Fact Witnesses—Subpoenas and Other Expenses

Costs related to the testimony of a fact witness, either at trial or in deposition, including service of subpoenas, transportation, and other expenses such as deposition costs and witness fees, are governed by Rules 15 and 17, Federal Rules of Criminal Procedure and 28 United States Code § 1825 and are borne by the USMS.

The United States Marshal Service (USMS) must serve subpoenas for defendants of a Public Defender or CJA court-appointed attorney in all federal criminal proceedings, if so ordered by the Court. CJA attorneys should not hire a process server to serve these subpoenas as funds are not available through CJA.

The USMS is also responsible for witness fees and expenses, including the cost of deposition transcripts, for depositions of fact witnesses. (28 U.S.C. § 1825(b) and Rule 6 of the Rules Governing Section 2254 Cases in the United States District Courts.